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Question for legal beagles out there
1/14/21 | President-elect Sidebar Moderator

Posted on 01/14/2021 11:54:31 AM PST by Sidebar Moderator

The senate plans to try Trump as a private citizen. Is this even legal/Constitutional? The expressed purpose of an impeachment trial is to remove a government functionary from office. If the senate trial is held after Trump leaves office, what would be the point???


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1 posted on 01/14/2021 11:54:31 AM PST by Sidebar Moderator
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To: Sidebar Moderator

I don’t know if it’s legal or not, but since when did that matter to the Dem/media complex?


2 posted on 01/14/2021 11:55:47 AM PST by brownsfan (The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.)
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To: Sidebar Moderator

They have never cared a lick about what is legal or not! They are all lower than lizard spit


3 posted on 01/14/2021 11:56:20 AM PST by MagUSNRET ((" I have loved the stars too fondly to be fearful of he night"))
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To: Sidebar Moderator

Not legal.
See: “Bill Of Attainder”.


4 posted on 01/14/2021 11:56:23 AM PST by Repeal The 17th (Get out of the matrix and get a real life.)
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To: brownsfan

True, but I’m wondering if this opens the door for Trump to seek legal remedies.


5 posted on 01/14/2021 11:58:17 AM PST by Sidebar Moderator
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To: Sidebar Moderator

Dersh says they can’t.


6 posted on 01/14/2021 11:58:29 AM PST by Baldwin77 (They hated Reagan too ! TRUMP TOUGH - AMERICA STRONG)
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To: Repeal The 17th

Bingo.


7 posted on 01/14/2021 11:58:46 AM PST by Sidebar Moderator
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To: Sidebar Moderator

It would be an unlawful Bill of Attainder. (A legislative trial.) Prohibited by the Constitution.


8 posted on 01/14/2021 11:58:53 AM PST by kaehurowing
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To: Sidebar Moderator
The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.

I'm no legal scholar but if the trial is for the President of the United States I don't see how it could extend to private citizen Donald Trump. Unless they say 'of course we can, we just dont need to have John Roberts preside because it's not the President under trial'

9 posted on 01/14/2021 11:59:16 AM PST by pepsi_junkie (Often wrong, but never in doubt!)
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To: Baldwin77

But they’re going to do it anyway.


10 posted on 01/14/2021 11:59:58 AM PST by Sidebar Moderator
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To: Sidebar Moderator

“True, but I’m wondering if this opens the door for Trump to seek legal remedies.”

You mean like the legal remedies he sought for election fraud? The ones that the courts denied? You think the courts will suddenly be impartial?


11 posted on 01/14/2021 12:00:04 PM PST by brownsfan (The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.)
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To: Sidebar Moderator

Impeachment is strictly a political prosecution as intended. As I understand, the sole penalty is removal from office. If he’s already out, what’s the purpose?

Of course, Trump can also mount a vigorous defense.


12 posted on 01/14/2021 12:01:26 PM PST by cyclotic (The most dangerous people are the ones that feel the most helpless)
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To: Sidebar Moderator

TV face time.

And yes, it would be unconstitutional....................


13 posted on 01/14/2021 12:01:26 PM PST by Red Badger (TREASON is the REASON for the SLEAZIN'.................................)
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To: Sidebar Moderator
The Constitution doesn't speak directly to that point, probably because it would be an utterly stupid and pointless thing to do. But, the Framers did not envision 21st Century Democrats.

Dershowitz believes it would be unconstitutional and I agree with him. As you say, the purpose of impeachment is removal from office. Once a person leaves office, they are no longer subject to the impeachment power.

14 posted on 01/14/2021 12:01:57 PM PST by colorado tanker
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To: Sidebar Moderator
If the senate trial is held after Trump leaves office, what would be the point???

Because they MAD dammit!
They gots to stamp they little feets and express they angst and probably some random spittle.

15 posted on 01/14/2021 12:02:33 PM PST by humblegunner (Balls To Picasso.)
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To: kaehurowing

Does this open up legal avenues for Trump to seek immediate legal remedies - such as getting SCOTUS to rule the whole procedure is unconstitutional?


16 posted on 01/14/2021 12:03:08 PM PST by Sidebar Moderator
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To: cyclotic

Exactly. Makes absolutely no sense whatsoever.


17 posted on 01/14/2021 12:04:12 PM PST by Sidebar Moderator
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To: colorado tanker
"But, the Framers did not envision 21st Century Democrats."

LOL! I'm going to remmember that one!

18 posted on 01/14/2021 12:05:07 PM PST by fruser1
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To: Sidebar Moderator

the trial would be a performance piece by the Senate. A trial with no one to remove from office is like a trial with a defendant who has died, it’s a moot issue.

The problem Schumer may run into however is a lack of cooperation from Chief Justice Roberts. The constitution requires that he preside over Presidential impeachment trials and it is questionable if he would want to diminish the reputation of the SCOTUS by attended a farce trial.


19 posted on 01/14/2021 12:05:20 PM PST by ChronicMA
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To: colorado tanker

did not envision 21st Century Democrats.

Or McConnel, apparently..


20 posted on 01/14/2021 12:05:23 PM PST by Adder ("Can you be more stupid?" is a question, not a challenge.)
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